Time Limits of Wrongful Death Claims

With many types of claims comes a time limit to file them. Statute of limitations or the time limits to file a claim, can run out. Once this happens the claim will be rejected. Each state has its own set of laws pertaining to the limitations of claims including wrongful death. Some states might have a time limit of a year, whereas others may have three or four years or longer.

To determine what the statute of limitations is on your wrongful death case can be done by contacting your local courthouse and discussing the matter with a private professional. Another way to determine the limitations of your claim is to contact a professional lawyer who deals solely with wrongful death claims and personal injuries. They will be able to help walk you through the specifications of your claim and how it is affected by the statute of limitations in your state.

Statute of Limitations Running Out in a Wrongful Death Claim

There are several ways for one to extend their time frame for a claim. These ways are not normally disclosed unless the time period has barely passed. The first option is tolling the limitations. Tolling is the act of suspending or delaying the time limit. Some state laws prohibit the use of tolling. The Discovery Rule, among a few others, are considered to be tolling the time limit on a wrongful death claim.

The second option is where the court can waive the expired time limit to allow the filing of the claim. In order for courts to waive the expiration of time on a claim the request must be backed with enough information to merit the waiver. When this request to waive the time frame is asked for, the responsible party or opposing party might not agree to reopen the time to file the claim.  Another option to extend the expired time limit to file a claim is to have a waiver requested by the opposing or responsible person. Although uncommon, it is possible.

The Discovery Rule can help out with the time frame to file a claim. Even though the death might have occurred a year ago, without the autopsy reports stating the cause of death, the plaintiff cannot file a wrongful death case or it will be considered a premature filing. To find out whether or not the discovery rule might apply in your case, or if you have a solid case for wrongful death, contact a professional in your area.